Saturday, July 20, 2019

The “Plain View” List: The Saga Continues


A few days ago, I mentioned the “Plain View Project,” a group of researchers who identified and analyzed thousands of social media posts, written by hundreds of active and retired law enforcement officers around the country. The posts contained explicitly racist, sexist, homophobic, or xenophobic content, as well as calls to commit acts of violence against certain classes of people, and calling on emergency services personnel to provide lower levels of services to those demographics.

The Plain View Project (hereinafter PVP) is named for the “Plain View Doctrine,” a legal concept that holds police officers may seize evidence of criminal activities that are in plain view, even if they do not have a search warrant. The doctrine hinges on a three-prong test, referred to as “the Horton test:”[1]

  •      The officer is lawfully present at the place where the evidence can be plainly viewed;
  •         The officer has a lawful right of access to the object; and
  •          The incriminating character of the object is immediately apparent.[2]

The Project’s belief is that by posting messages to a public forum such as Facebook or Twitter, the officers have surrendered any “expectation of privacy” and that publishing these posts gives any reader the right of access to them. They also feel that explicit expressions of racism, white supremacy, Islamophobia, etc., that are “readily apparent” make the posts eligible for inclusion in their database.

As many of you know, I was a police officer for 14 years in Connecticut. Even in those days – the 1970s and 19802s – racism was rampant in the law enforcement community, although not to the extent that it is today. At the time, I thought I understood why. I didn’t condone it, but I understood it: police officers dealt overwhelmingly with African-American offenders (I am ignoring for the moment any underlying causation for the statement). If the vast majority of “dirtballs” we arrested were African-American, it seemed logical that, over time, officers would develop the opinion that all African-Americans were “dirtballs.” Obviously, it is not that simple. The “Have-Nots” will always be envious of the “Haves,” especially if they “have-not” because of the conscious actions of the “Haves.” The minority communities in those days (predominantly black and Hispanic) had little or nothing to begin with and would most likely never have the opportunity to get ahead, so it was understandable perhaps that they took whatever they could get their hands on.

In situations that still occur today, whites accused of certain transgressions – petty larceny, drunk driving, simple possession – were given a very different level of “justice” which usually consisted of a slap on the wrist from the officer and release, where minority subjects were arrested and formally charged. For example, Brock Turner, the Stanford University swimming star convicted of rape, was sentenced to only six months in prison, but served only three months (and complained about that).[3] There was also Ethan Couch, the Texas teen who killed four and injured nine others in a drunk-driving crash, and was given ten years probation, because he didn’t understand boundaries since his wealthy never set any.[4] I consciously tried to avoid that trap, and perhaps went too far the other way, arresting whites in cases where I gave minorities a break.

Be that as it may, however, there was wide-spread racism in those days, directed against all minority groups – blacks, Hispanics, Asians, Middle Easterners, Irish, etc. In some neighborhoods, the most bigoted segment of the population was the Italians, who referred to blacks as “mulignans” or eggplants, despite the fact that the “guineas” had themselves faced significant discrimination in the past.

Anyway….

On July 18, the City of Philadelphia fired 13 police officers for posts included in the PVP database, which the Philadelphia Inquirer called “an unprecedented wave of terminations.”[5]

I continue to be very angered and disappointed by these posts, many of which, in my view, violate the basic tenets of human decency,” [Philadelphia Police Commissioner Richard] Ross said, adding that the department must “move past this ridiculous hate that just consumes this country and has done so for centuries.[6]

Among the posts identified by the PVP was one by Sgt Joseph Przepiorka – who probably would have been furious had someone referred to him as a “dumb Pollack” – showing a skeleton wearing an American flag, holding a gun, with the phrase “Death to Islam” across the top. Another, posted by Sgt Mark Palma, said “Got to make a trip to WAL-MART tonight, yes a friday [sic] night at the ghetto mart. Im sure ill c [sic] all types of creatures tonight.” One reply, from another officer, Sean Dandridge, said: You should bring some of my new invention: “HeffaRemover”. It smells of books, knowledge, and natural hair. Heffas don’t like any of the aforementioned things….” [7]

Of the 72 Philadelphia officers named by the PVP, 13 are being fired, 4 are receiving 30-day unpaid suspensions, 52 are receiving punishments ranging from reprimands to 5-day suspensions, and 3 are receiving no discipline.

The police union, Fraternal Order of Police Lodge 5, of course, is hysterical that their members are being disciplined for being racists.

Meanwhile, in St Louis, another city named in the PVP report, Circuit Attorney[8] Kimberly M. Gardner named 22 police officers banned from bringing cases to her office, after the officers involved were identified by PVP. Her office will not bring charges, apply for search or arrest warrants, or allow those officers to testify, based on their involvement with racist and anti-Muslim posts.[9]

“Police integrity is at the core of the community’s confidence in the criminal justice system,” Gardner wrote. “When a police officer’s integrity is compromised in this manner, it compromises the entire criminal justice system and our overall ability to pursue justice.”[10]

Circuit Attorney Gardner is absolutely correct. When a police officer posts such explicitly offensive posts as those identified by the PVP, it does call the officer’s credibility into question. After all, can a police officer who posts anti-Muslim screeds be believed when he is dealing with a Muslim suspect? How about if the victim is Muslim… will he or she receive a fair and impartial investigation?

And, of course, the Police Officer’s Association, the St Louis police union, is shrieking that the officers’ personal and professional reputations could be permanently damaged if they are revealed as racists, white supremacists, or Islamophobes.  

Further west, in Phoenix, Police Chief Jeri Williams has pulled an unspecified number of her cops from their “enforcement assignments” and placed them on desk duty “so that they can’t engage with the public,” in response to the PVP findings. 97 Phoenix officers – 75 active and 22 retired – were identified by PVP researchers. “There were some employees that had some very egregious posts that were racist, sexually motivated, religiously motivated. Just pure hate,” she said. “And we need to look into the veracity of that potential misconduct.”[11] Phoenix Councilman Sal DiCiccio said anyone offended by the racist posts was a “liberal snowflake,” and that the posts aren’t indicative of a biased culture. His use of the term “liberal snowflake” indicates that he, as a staunch conservative, most likely agrees with the hatred posted. Phoenix PD, by the way, is 73% white, 19% Hispanic, and 4% African-American, in a city that is 42% white, 43% Hispanic, and 7% African-American.

Of course, racism in law enforcement is not restricted to the communities – Philadelphia, St Louis, Phoenix, Dallas, Dennison (TX), Twin Falls (ID), York (PA), Lake County (Florida) – included in the PVP database.

Former Detroit police officer Sean Bostwick was fired after posting “another night to Rangel [sic] up these animals.” Bostwick was already on thin ice, though, having had his probationary period extended due to low test scores and other issues.[12] Another (now-former) Detroit officer, Gary Steele, had numerous problems:

  •           He and his partner Michael Garrison (now also a former officer) taunted a female motorist by saying, “Bey, Felicia,” as she walked home from a traffic stop in January of 2019. They posted a video to SnapChat, bearing frames that said, “What black girl magic looks like” and “Celebrating Black History Month.” (Garrison was also suspended for 60 days for shooting deer in a city park while on duty)
  •           In 2018, Steele broke the arm of another black female, after an altercation.
  •           Steele had a felony arrest record as a result of a 2008 incident in which he fired a gun at his girlfriend[13]

Mohamed Noor, a Somali-American police officer in Minneapolis was sentenced to 12-1/2 years in prison for killing a white woman, leading many to ask if the sentence would have been the same if the races of shooter and victim had been reversed (hint: no way, a white cop would not even have been charged, most likely, never mind convicted. For example, Officer Daniel Pantaleo of the NYPD, will not face charges for killing Eric Garner using a banned chokehold.)

Washington, DC, NYPD and LAPD have been in the news almost every week for one problem or another, many related to race relations in those cities.

All this is in addition, of course, to the vicious and disgusting posts on the Border Patrol Facebook group “I’m 10-15,” which I discussed several days ago.[14]

As a former police officer, things like this disgust me. The people who would post – and obviously believe in – such hatred and fear and loathing have no business being in law enforcement. They disgrace a once-noble profession.

I believe one could make a case that actions like these on the part of law enforcement are, in part, responsible for some of the recent attacks against law enforcement officers, such as when Jerad and Amanda Miller murdered  Las Vegas police officers Igor Soldo and Alyn Beck in 2014 (although both were also heavily involved in the “Patriot Movement” and other anti-government activities).

More later over most of tbhis same blog.



[1] Horton v. California, 496 U.S. 128 (1990)
[2] Wikipedia.org, “Horton v. California,” https://en.wikipedia.org/wiki/Horton_v._California, retrieved 07-20-2019
[3] People v. Turner, https://en.wikipedia.org/wiki/People_v._Turner, retrieved 07-20-2019
[5] Palmer, Chris, “Philadelphia Police Department to fire 13 officers over offensive Facebook posts,” Philadelphia Inquirer, July 18, 2019, retrieved 07-20-2019.
[6] Quoted in Palmer, above.
[7] Shaw, Julie, and Lash, Nathaniel, “Here are examples of alleged Facebook posts by Philadelphia police officers,” Philadelphia Inquirer, June 1, 2019, retrieved 07-20-2019.
[8] Circuit Attorney is similar to District Attorney
[9] Byers, Christine, “22 more St. Louis officers added to list of cops on prosecutor’s ‘exclusion’ list,” St Louis Post-Dispatch, June 19, 2019, retrieved 07-20-2019
[10] Ibid.
[11] Garcia, Uriel J., “’Shocked’ Phoenix police chief pulls officers from duties after report of racist Facebook comments,” AZCentral.com, https://amp.azcentral.com/amp/1346135001?cid=twitter_azcentral&_twitter_impression=true, June 6, 2019, retrieved 07-20-2019
[12] Ramirez, Charles E., “Detroit police officer fired over social media post,” The Detroit News, Sept 24, 2018, https://www.detroitnews.com/story/news/local/detroit-city/2018/09/24/detroit-police-officer-fired-0social-media-post/140740002/, retrieved 07-20-2019
[13] Jordan, Jeralyn, “White Detroit Police officer reassigned after taunting young black woman in Snaopchat video,” Detroit Metro Times, Jan 31, 2019, https://www.metrotimes.com/news-hits/archives/2019/01/31/white-detroit-police-officer-reassigned-after-taunting-young-black-woman-in-snapchat-video, retrieved 07-20-2019, and Siacon, Aleanna, “Ex-Detroit Police officers accused of misconduct in new lawsuits,” Detroit Free Press, Apr 26, 2019, https://www.freep.com/story/news/local/michigan/detroit/2019/04/26/detroit-police-racism-snapchat/3586812002/, -retrieved 07/20/2019

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